Abstract: The article is devoted to the problems of legal qualification of an objective side of a crime specified in the article 172 of the Criminal Code of the Russian Federation. Using the criminological analysis of this crime, the authors draw attention to the inconsistent interpretation of the article 2 of the Federal Law “On Pawnshops” (prohibiting population loan agreements for the purpose of working capital financing) by the Bank of Russia, based on the identification of profitable legal activities, as specified in the article 2 of the Civil Code of the Russian Federation, with economic activities connected with the general ability of legal entities to execute civil transactions. It is necessary to consider specific terminology of civil, banking and tax legislation when qualifying these relations. The authors apply general methods of analysis and comparison and analyze the legislative construction of stealing objects of special value and the moment of the end of this crime. Borrowing of money by pawnshops using loan agreements, until at least the judicial requalification of transactions, doesn’t infringe the Federal Law “On Banks and Banking” and the chapter 44 (Bank Deposit) of the Civil Code of the Russian Federation, and lies within the framework of the general legal capacity of a pawnshop; it doesn’t coincide with the signs of an objective side of a crime specified in the article 172 of the Criminal Code of the Russian Federation. 

Keywords: banks, loan agency, fraudulent transaction, bank deposit, loan agreement, illegal loan agency, economy, disposition, crime, objective side of a crime

Abstract: The article 322 of the Criminal Code of the Russian Federation provides for the liability for a fake registration of a citizen of the Russian Federation at the place of residence in a living accommodation in the Russian Federation and a fake registration of a foreign citizen or a stateless person at the place of residence in a living accommodation in the Russian Federation. To achieve the research objectives the author applies general scientific and specific methods of analysis, synthesis, the structural-logic method, statistical and other methods of scientific cognition. The last criminalization criterion runs that criminalization shouldn’t be carried out if struggle against such a socially dangerous act can be possible and effective using other, more gentle measures. The author supposes that it would be more effective and consistent to impose administrative liability for a fake registration at the place of residence, and penal prohibition should be connected with administrative prejudgement and (or) a particular number of cases of a fake registration. 

Keywords: criminal liability toughening, fictious nature, criminalization criteria, social danger of a deed, administrative liability, crimes, legislator, court, criminal law theory, criminal liability

Abstract: The article studies the ideas of determinism and indeterminism, which had developed in philosophy, later in religion, and only at the turn of the 18th – 19th centuries found their reflection in philosophical and legal studies. These two opposite directions in the approach to the understanding of freedom of the will significantly influenced the formation of the basic directions of criminal law development: classical, anthropological and sociological. The history of the Russian doctrine was influenced by the all three mentioned directions of criminal science, though with different strength. The analysis of the most significant studies in the fields of philosophy, theology, and politics gives the opportunity to reconsider the freedom of the will as a basic category of criminal law, reflected in almost all institutions of criminal law. The author comes to the conclusion, that at present the concept of agnosticism, previously proposed by the sociological school of criminal law, should be applied: it’s not possible to solve the problem about the existence of the freedom of the will once and for all, but it is possible to assume that it exist, and to form criminal law on this assumption. 

Keywords: absolute determinism, philosophical approach, criminal law school, criminal law, indeterminism, determinism, freedom of the will, philosophy, volitional agnosticism, dogmatism

Abstract: The article considers particular disputable issues of decriminalization of a deed from the viewpoint of its consideration as a circumstance eliminating criminal liability. The author touches upon various aspects of the problem, adduces the existing viewpoints and formulates his own position. Particularly, the criminal law doesn’t differentiate the absence of components of crime per se and the absence of components of crime due to the decriminalization of a deed, both from the viewpoint of reasons for termination of a criminal procedure and from the viewpoint of emergence of the right to vindication. The author applies general scientific and special methods, including analysis and the structural-logical method. The author concludes that decriminalization of a deed should be considered as a circumstance eliminating criminal liability. The act doesn’t contain the components of crime and such signs of crime as illegality and punishability. The author supposes that at present there exist theoretical, material-legal and procedural reasons for considering decriminalization of a deed as a circumstance eliminating criminal liability. The similar approach should be applied for defining a legal nature of the absence of the criminal law. 

Keywords: doctrine, criminal liability, elimination, circumstance, deed, Decriminalization, crime, in abstracto, censure, vindication

Keywords: transport, transportnoe sredstvo, dorozhno-transportnye prestupleniya, obespechenie bezopasnosti dvizheniya, statistika avariinosti, narushenie pravil, dorozhnoe dvizhenie, transportnoe ubiistvo